Bill Text: AZ HB2306 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Dental board; unauthorized practice
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed) 2024-06-14 - Assigned to Senate RULES Committee [HB2306 Detail]
Download: Arizona-2024-HB2306-Engrossed.html
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House Engrossed
dental board; business entities; enforcement (now: dental board; unauthorized practice) |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2306 |
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An Act
amending title 32, chapter 11, article 1, Arizona Revised Statutes, by adding section 32-1207.01; repealing sections 32-1297.08 and 32-1297.09, Arizona Revised Statutes; relating to the state board of dental examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 32-1207.01, to read:
32-1207.01. Cease and desist orders; injunctive relief; civil penalty; definition
A. In addition to all other remedies available by law, if it appears to the board or its designated authority, either on the receipt of a complaint or otherwise, that a person is engaged in the unauthorized practice of dentistry, the board may either:
1. Issue a cease and desist order to the person, by certified mail or personal service, stating the reasons for the issuance and require the person to immediately cease and desist from further engaging in the unauthorized practice of dentistry.
2. apply to the appropriate court for an order enjoining the unauthorized practice of dentistry and, on proper showing by the board that the person has engaged in the unauthorized practice of dentistry, the court shall grant an injunction, restraining order or other order as may be appropriate without bond.
B. A person who receives a cease and desist order issued by the board under this section may request a hearing pursuant to title 41, chapter 6, article 10 within thirty days after the date of the order.
C. If a person fails to comply with an order issued by the board pursuant to subsection A, paragraph 1 of this section, the board shall file an action pursuant to subsection A, paragraph 2 of this section to restrain and enjoin the person from engaging in the unauthorized practice of dentistry. The court in the action shall proceed as in other actions for injunction. If the court finds that the person failed to comply with the cease and desist order, the court shall impose a civil penalty of at least $500 and not more than $2,000 per violation.
D. For purposes of this section, "unauthorized practice of dentistry" means to engage in any procedure that would otherwise be performed by a licensed dentist, dental therapist or dental hygienist or a certified denturist without having the licensure or certification required under this chapter.
Sec. 2. Repeal
Sections 32-1297.08 and 32-1297.09, Arizona Revised Statutes, are repealed.
